National Australia Bank v Sayed (No. 12) [2018] NSWSC 283

National Australia Bank v Sayed (No. 12) [2018] NSWSC 283

Leave was refused because the proposed evidence from Robert Gizzi and Ivo Olbrecht related to allegations of fraud, conspiracy or collusion that were outside the Second Further Amended First Cross-Claim and concerned matters for which leave to amend had previously been refused; Mr Sayed had known of the material since at least September 2016, evidence had been required to be completed by December 2016, and allowing the subpoenas shortly before the April 2018 trial would be inconsistent with proper case management.

Jurisdiction
Australia
Judgment Date
08 March 2018
Procedural Posture
Application for Leave to Issue Subpoenas to Attend to Give Evidence / On the Papers Before Trial Fixed to Commence on 30 April 2018
Outcome
Leave refused.
Legal Topics
['subpoenas' 'leave to Issue Subpoenas' 'late Evidence' 'pleadings' 'case Management']
['civil Procedure'] ['subpoenas' 'leave to Issue Subpoenas' 'late Evidence' 'pleadings' 'case Management']

Case Brief

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Procedural Posture

Application for Leave to Issue Subpoenas to Attend to Give Evidence / On the Papers Before Trial Fixed to Commence on 30 April 2018

Legal Issues

  1. 1 ['Whether Mr Sayed should be granted leave to subpoena Robert Gizzi and Ivo Olbrecht to give evidence at the trial.' 'Whether the proposed evidence was outside the issues raised by the Second Further Amended First Cross-Claim.' 'Whether leave should be refused because the application was late and inconsistent with earlier directions for evidence to be completed by December 2016.']

Ratio Decidendi

Leave was refused because the proposed evidence from Robert Gizzi and Ivo Olbrecht related to allegations of fraud, conspiracy or collusion that were outside the Second Further Amended First Cross-Claim and concerned matters for which leave to amend had previously been refused; Mr Sayed had known of the material since at least September 2016, evidence had been required to be completed by December 2016, and allowing the subpoenas shortly before the April 2018 trial would be inconsistent with proper case management.

Court Disposition

Leave refused.

Orders

  • ['Leave to Mr Sayed to subpoena Robert Gizzi and Ivo Olbrecht is refused.']